No person under detention by legal process shall be released ortransferred except upon order of the court or when he is admittedto bail.

Section 4. Bail, a matter of right; exception

WHEN BAIL IS A MATTER OF RIGHT:1. Before or after conviction by the MTC2. Before conviction, for all offenses punishable by lower than reclusion perpetua.

- prosecution does not have the right to oppose or to present evidence for its denial.

WHEN BAIL IS A MATTER OF DISCRETION:1. Before conviction, in offenses punishable by death, reclusion perpetua or life imprisonment2. After conviction by the RTC of a non-capital offense

- prosecution is entitled to present evidence for its denial.

People v. Singh et. al. to see G.R.No. 129782 (2001) - In hearing the petition for bail, the prosecution has the burden of showing that the evidence of guilt is strong pursuant to Sec. 8 Rule 114. In bail proceedings, the prosecution must be given ample opportunity to show that the evidence of guilt is strong. While the proceeding is conducted as a regular trial, it must be limited to the determination of the bailability of the accused. It should be brief and speedy, lest the purpose for which it is available is rendered nugatory.

Right to bail may be waived.

BAIL IN COURT-MARTIAL OFFENSES: - The right to bail of an accused military personnel triable by courts-martial does not exist, as an exception to the general rule that an accused is entitled to bail except in a capital offense where the evidence of guilt is strong.

RATIONALE: The unique structure of the military justifies exempting military men from the constitutional coverage on the right to bail.

The right to bail is not available to military personnel or officer charged with a violation of the Articles of War. (Aswat v. Galido, 204 SCRA 205)

Notice of hearing required: - Whether bail is a matter of right or of discretion, reasonable notice of hearing is required to be given to the prosecutor or fiscal or at least he must be asked for his recommendation because in fixing the amount of bail, the judge is required to take into account a number of factors such as the applicant’s character and reputation, forfeiture of other bonds or whether he is a fugitive from justice.

Hearing is not required if bail is recommended by prosecution and it is a matter of right.

Summary of the evidence for the prosecution - The court’s order granting or refusing bail must contain a summary of the evidence for the prosecution, otherwise the order granting or denying bail may be invalidated because the summary of the evidence for the prosecution which contains the judge’s evaluation of the evidence may be considered as an aspect of procedural due process for both the prosecution and the defense.

It would be premature, not to say incongruous, to file a petition for bail for someone whose freedom has yet to be curtailed.